With the new year, the new Colorado Wage Order has gone into effect. In addition to an increase in minimum wage, the Colorado Wage Order and Colorado Wage Act provide protections for employees against unpaid wages, bonuses, commissions, and expenses. Importantly, the Colorado Wage Act allows employees to recover a substantial penalty from an employer for failing to pay wages, in certain circumstances. General information can be found in the article below on Colorado Wage Act Basics. If you have specific questions, please contact us at 720-999-5390 or ben@wick-law.com.
Wrongful Termination Claims in Colorado
The term “wrongful termination” is used generally to describe a situation where an employee has been improperly terminated. However, in the legal context, wrongful termination claims generally fall into certain categories. Our guidance on wrongful terminations provides specific information about such claims. Please contact us for further information.
What rights does a federal employee have after being forced to take leave?
Many federal government employees have appeal rights to the Merit Systems Protection Board (MSPB) when certain types of disciplinary action are taken against them. Even where there is no formal disciplinary action, an employee may still have a right to challenge the Agency’s action. For example, a federal employees forced to use leave for more than 14-days or forced from the workplace, without due process, may have an appealable action to the MSPB. More information can be found here.
What are the options for a breach of settlement if you are a federal employee?
The regulations governing federal sector EEO complaints set forth the actions that should occur if there has been a breach of a settlement agreement by a federal Agency. Specific information is set forth in our guidance on Federal Employee Issues: Breach Of A Settlement Agreement.
Employee Guide to Unemployment Insurance in Colorado
Unemployment insurance benefits are intended to provide partial income replacement for
unemployed individuals who meet certain requirements. Applying for and maintaining
unemployment benefits following termination from employment may seem like a daunting and
complicated task. This guide is intended to provide employees with tools to help
navigate this process. Employee Guide to Unemployment Insurance in Colorado.
Federal Employee Issues: The Agency’s Burden To Articulate A Legitimate, Non- Discriminatory Reason
In a complaint of discrimination against the federal government, the federal agency has the burden to articulate a legitimate non-discriminatory reason for the alleged discriminatory actions, after the complainant sets forth an initial showing of discrimination. What does the agency have to establish to meet its burden? Find out in our latest article addressing the legal standards applicable to federal sector employees filing EEO complaints of discrimination. Federal Employee Issues: Agency’s Burden To Articulate A Legitimate, Non-
Discriminatory Reason.
Colorado Unemployment Claims: Does the reason for a mental incapacity impact entitlement?
Do the reasons for an employee’s mental incapacity to perform his or her job affect whether the employee is entitled to unemployment insurance benefits in Colorado? See our new article addressing the the Colorado Supreme Court's decision on this issue in Mesa County Public Library District v. Industrial Claims Appeals Office.
Federal Employee Guide to Discrimination Based On Parental/Caregiver Status
Are federal employees able to bring claims based on parental or caregiver status? Our new guidance, available below, addresses this important question.
Federal Employee Issues: Discrimination Based On Parental/Caregiver Status
Are Non-Compete Agreements Valid in Colorado?
Colorado law disfavors employment agreements that restrict the ability to compete. Pursuant to Colorado statute, such agreements are void in most circumstances. However, there are certain exceptions that apply. Find out more in our new article: Colorado’s Non-Compete Statute – Section 8-2-113, C.R.S.
Are employees being improperly misclassified as independent contractors?
Companies such as Uber and Lyft, are at the center of legal battles about whether companies classify “independent contractors” correctly. A recent decision by the Supreme Court of California may signal the likely outcome of these cases. For more information, see our new article: A “Side Gig” As An Uber Driver Might Soon Entitle You To Benefits, Overtime Pay, And More.
Is Colorado’s Wage Order intended to extend overtime protections to certain classes of employees who are not protected by the Fair Labor Standards Act?
According to a recent decision by the Colorado Court of Appeals in Brunson v. Colo. Cab Co., LLC, 2018 COA 17, the Colorado Wage Order, as interpreted by the Colorado Department of Labor, provides greater employee protection than does federal law. Our summary of the case and analysis of the impact on future cases is attached. For additional information, contact Amanda Walck at 720-999-5390 or Amanda@wick-law.com.
Federal Employee Issues: Amending EEO Complaints
The way in which federal employees can amend a complaint of discrimination differs greatly from private sector employees. It is important to understand the types of claims that can be included as an amendment, and the Agency's obligation in processing an EEO amendment. Our latest guidance provides information on amending EEO complaints. You can also contact us at 720.999.5390.
Discrimination During Polygraph Examinations-Federal Employees
As a federal government applicants or employees, you may be required to take a polygraph
examination as a prerequisite to being hired by, or to continue employment with, a federal
government agency. Our new article discusses the ability of the Equal Employment Opportunity
Commission (EEOC) to review an allegation that an applicant or employee was subjected to
unlawful discrimination during a polygraph examination.
Join us at the Legal Inclusiveness & Diversity Conference on May 7 & 8, 2018!
Benjamin E. Wick will be presenting as part of a panel on Diversity & Inclusiveness and Small Firm/Solo Practice at the Legal Inclusiveness & Diversity Conference on May 7 & 8, 2018. We hope you can join us!
The 2018 Edition Of Our Book Is Available Now!
The 2018 edition of the Federal Sector Equal Employment Opportunity Practice Guide, written by The Wick Law Office's Benjamin Wick and Holly Franson has shipped. This book provides practical legal advice, guidance, and strategies for employees, HR professionals, and attorneys. Order your copy here https://store.lexisnexis.com/categories/shop-products/coming-soon-174/federal-sector-equal-employment-opportunity-practice-guide-skuSKU02358
The Wick Law Office is moving!
We are very excited to announce that the Wick Law Office is moving April 1, 2018 to a new office space. Our new address as of April 1, 2018 will be:
The Wick Law Office, LLC
600 Grant Street, Suite 610
Denver, CO 80203
Federal Employee Guidance: What is a Final Agency Decision (FAD)?
The Final Agency Decision or FAD is an odd nuance that exists in federal sector employment discrimination cases. The FAD, and what is included in a FAD, can be confusing for federal employees trying to navigate the federal sector EEO complaint process. Our latest article is designed to help address confusion and answer common questions about FADs. If you are a federal employee and considering requesting a FAD or have additional questions about FADs that, please contact us.
Non-Pecuniary, Compensatory Damages in the Federal Sector
When a federal employee prevails in a discrimination claim, that employee is generally is entitled to damages for emotional and physical harm caused by the discrimination. These damages are referred to as non-pecuniary, compensatory damages. However, there is much confusion over the legals standards that apply to such awards. Our latest guidance seeks to clarify the legal standards that are applicable to these awards of damages.
Federal Sector Employment Law: Medical Inquires and Examinations
The Rehabilitation Act includes limitations on a federal government agency’s ability to make
medical inquiries and direct medical examinations of all employees, not only individuals with
disabilities. The Wick Law Office has issued new guidance on medical inquiries and examinations for federal sector employees, which can be found at the link below.
The Hidden Cost of Disability Discrimination
According to a recent article, more than one third of individuals with disabilities experience discrimination in the workplace. Additionally, regardless of whether the disability is “visible” or “invisible” (i.e. migraines, depression, etc.), employees report feeling stalled in their careers, but are afraid to ask for reasonable accommodations. https://www.cbsnews.com/news/the-hidden-cost-of-disability-discrimination/
We encourage employees with disabilities to seek reasonable accommodations when needed and to report discrimination when it occurs. However, we are mindful of the difficulties in disclosing disabilities and the concerns about retaliation. Creating an atmosphere inclusive of individuals with disabilities benefits employees and the employers. Moreover, most reasonable accommodations have little or no cost to the employer. Disability discrimination is unlawful and studies have shown that employees with disabilities are more ambitious than those without, increasing the margin of missing a potential benefit to the workplace by excluding individuals with disabilities.
If you or someone you know has been the victim of workplace discrimination or if you have questions about reasonable accommodations, please contact us.